VLC Legal Briefs and Presentations
Legal Briefs Heading link
Skaar v. McDonough (2023)
The Clinic filed an amicus brief on behalf of NLSVCC in the United States Supreme Court in support of the plaintiff’s petition for writ of certiorari. NLSVCC argued that class-wide injunctive relief would resolve widespread, systemic problems within the Department of Veterans Affairs (“VA”).
Beaudette v. McDonough (2023)
The Clinic filed an amicus brief on behalf of NLSVCC in the United States Court of Appeals for the Federal Circuit. NLSVCC argued that Board review is necessary to protect veterans and caregivers’ right to access and maintain the benefits Congress provided to them and ensure that VHA’s decision-making is consistent nationwide
Arellano v. McDonough (2023)
The Clinic filed an amicus brief on behalf of NLSVCC in the United States Court of Appeals for the Federal Circuit. In its brief, NLSVCC argued that the VA should toll the statute of limitations when there are extenuating circumstances.
Amicus Brief in Jorge Ortiz v. United States (2015)
The Clinic filed an amicus brief in the United States Supreme Court in support of the plaintiff’s petition for writ of certiorari. The petition seeks review of an Eleventh Circuit decision extending the Feres doctrine to bar a birth injury suit on behalf of the injured child of a military mother. Under the Eleventh Circuit analysis, a birth injury claim by the child of a military mother is barred, but a birth injury claim of the child of a military father would not be barred. Over a dozen other veterans clinics and clinical professors joined our brief.
Amicus Brief in People of the State of Illinois v. Wendell Frazier (2015)
The Clinic filed an amicus brief in the Circuit Court of Cook County in support of the defense motion to introduce psychiatric evidence of post traumatic stress disorder in an attempt murder case where the defense asserted a claim of self defense.
Amicus Brief in Carder v. Continental Airlines, Inc. (2011)
The Clinic filed an amicus brief in the United States Supreme Court in support of a Petition for Writ of Certiorari on behalf of the service member plaintiffs. The Fifth Circuit held that the Uniformed Services Employment and Reemployment Rights Act did not contain a remedy for hostile work environment claims as a result of discrimination based on military service. The brief argued that, contrary to the Fifth Circuit’s contention, harassment of members of the military in the workplace is a social problem in need of a remedy. Six other veterans clinics and clinical professors joined our brief.
Amicus Brief in Witt v. United States of America (2011)
The Clinic filed an amicus brief in the United States Supreme Court in support of a Petition for Writ of Certiorari on behalf of the deceased service member. The suit alleged malpractice and sought relief under the Federal Tort Claims. The Appellate Court dismissed the suit citing the Feres Doctrine bar to claims which arise incident to military service. Five veterans clinics and clinical professors joined our brief.
Amicus brief in Snyder v. Phelps (2010)
The Clinic filed an amicus brief in the United States Supreme Court in support of a Petition for Writ of Certiorari on behalf of the family of a deceased service member. The brief discussed the the psychological differences between grieving families of soldiers who are killed in combat versus non-military grieving families. Certiorari was granted. Brief filed with the Chicago School of Professional Psychology.
Publications Heading link
Veterans Legal Clinic staff members have contributed to the following books:
Service members and Veterans Rights
Service members and Veterans Rights, Clauss & Simcox, eds. (Lexis Nexis 2015), discusses the areas where military service meets civilian law. Written in a guidebook format that is practical and incisive, the book provides practitioners with an overview of the relevant laws and regulations affecting active duty, reserve, and veteran service members.
The American Bar Association Legal Guide for Military Families
The American Bar Association Legal Guide for Military Families, American Bar Association (2013), is a guide written for non-attorneys that discusses the areas of civilian and military law and regulations in an easy to read format.
Military Service and the Law
Military Service and the Law, Clauss & Butler, eds. (IICLE 2009), is a practice guide for Illinois attorneys advising clients on the issues related to military service.
Presentations Heading link
Veterans Legal Clinic staff members are frequent presenters at continuing legal education events, as well as community and outreach events throughout the country. Clinic staff are also frequent guests or interviewees with the media. In addition to VA benefit matters, Clinic staff members are available to discuss a variety of veteran-related matters, including veterans diversion and treatment courts, employment rights, criminal law, rural veterans, alternative dispute resolution, and clinic replication.
Request a Clinic speaker by contacting Professor Yelena Duterte, Clinic Director, at yduter2@uic.edu.